Child and Family Services Act, R.S.O. 1990, c. C.11

Child and Family Services Act

R.S.O. 1990, CHAPTER C.11

Notice of Currency:*  The following amendments have not been consolidated into this document:

                        Access to Justice Act, 2006, 2006, c. 21, Sched. C, ss. 100 and 101

                        Kevin and Jared's Law (Child and Family Services Statute Law Amendment), 2006, 2006, c. 24, s. 1

See Source Law for text and commencement of above amendments.

The following amendments have been incorporated into this document:

A proclamation has been issued naming November 30, 2006 as the day on which the amendments made by 2006, c. 5, ss. 1-9 and 11-50 come into force.

A proclamation has been issued naming February 28, 2007 as the day on which the amendments made by 2006, c. 5, s. 10 come into force.

within two business days of accessing this document. For more current amendment information, see the Table of Public Statutes – Legislative History Overview.

Amended by:  1992, c. 32, s. 3; 1993, c. 27, Sched.; 1994, c. 27, s. 43 (2); 1996, c. 2 s. 62; 1999, c. 2, ss. 1-35; 1999, c. 6, s. 6; 1999, c. 12, Sched. E, s. 1; 1999, c. 12, Sched. G, s. 16; 2001, c. 13, s. 5; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. D, s. 1; 2004, c. 3, Sched. A, s. 78; 2005, c. 5, s. 7; 2005, c. 25, ss. 14-33; 2006, c. 1, s. 2; 2006, c. 2, s. 45; 2006, c. 5, ss. 1-50; 2006, c. 19, Sched. D, s. 2.

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CONTENTS

Paramount purpose and other purposes

Paramount purpose

      1. (1) The paramount purpose of this Act is to promote the best interests, protection and well being of children.

Other purposes

      (2) The additional purposes of this Act, so long as they are consistent with the best interests, protection and well being of children, are:

           1.    To recognize that while parents may need help in caring for their children, that help should give support to the autonomy and integrity of the family unit and, wherever possible, be provided on the basis of mutual consent.

           2.    To recognize that the least disruptive course of action that is available and is appropriate in a particular case to help a child should be considered.

           3.    To recognize that children’s services should be provided in a manner that,

                          i.    respects children’s needs for continuity of care and for stable family relationships, and

                         ii.    takes into account physical and mental developmental differences among children.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 is repealed by the Statutes of Ontario, 2006, chapter 5, section 1 and the following substituted:

           3.    To recognize that children’s services should be provided in a manner that,

                          i.    respects a child’s need for continuity of care and for stable relationships within a family and cultural environment,

                         ii.    takes into account physical, cultural, emotional, spiritual, mental and developmental needs and differences among children,

                       iii.    provides early assessment, planning and decision-making to achieve permanent plans for children in accordance with their best interests, and

                        iv.    includes the participation of a child, his or her parents and relatives and the members of the child’s extended family and community, where appropriate.

See: 2006, c. 5, ss. 1, 54 (2).

           4.    To recognize that, wherever possible, services to children and their families should be provided in a manner that respects cultural, religious and regional differences.

           5.    To recognize that Indian and native people should be entitled to provide, wherever possible, their own child and family services, and that all services to Indian and native children and families should be provided in a manner that recognizes their culture, heritage and traditions and the concept of the extended family.  1999, c. 2, s. 1.

Note:  Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 1, section 1 of this Act, as it read before March 31, 2000, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before March 31, 2000.  See:  1999, c. 2, ss. 37 (5), 38.

Duties of service providers

French language services

      2. (1) Service providers shall, where appropriate, make services to children and their families available in the French language.

Duties of service providers

      (2) Service providers shall ensure,

         (a)    that children and their parents have an opportunity where appropriate to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving; and

         (b)    that decisions affecting the interests and rights of children and their parents are made according to clear, consistent criteria and are subject to procedural safeguards.  R.S.O. 1990, c. C.11, s. 2.

Interpretation

Definitions

      3.  (1)  In this Act,

“agency” means a corporation; (“agence”)

“approved agency” means an agency that is approved under subsection 8 (1) of Part I (Flexible Services); (“agence agréée”)

“approved service” means a service provided,

         (a)    under subsection 7 (1) of Part I or with the support of a grant or contribution made under subsection 7 (2) of that Part,

         (b)    by an approved agency, or

         (c)    under the authority of a licence; (“service agréé”)

“band” has the same meaning as in the Indian Act (Canada); (“bande”)

“Board” means the Child and Family Services Review Board continued under Part IX (Licensing); (“Commission”)

“child” means a person under the age of eighteen years; (“enfant”)

“child development service” means a service for a child with a developmental disability or physical disability, for the family of a child with a developmental disability or physical disability, or for the child and the family; (“service de développement de l’enfant”)

“child treatment service” means a service for a child with a mental or psychiatric disorder, for the family of a child with a mental or psychiatric disorder, or for the child and the family; (“service de traitement de l’enfant”)

“child welfare service” means,

         (a)    a residential or non-residential service, including a prevention service,

         (b)    a service provided under Part III (Child Protection),

         (c)    a service provided under Part VII (Adoption), or

         (d)    individual or family counselling; (“service de bien-être de l’enfance”)

“community support service” means a support service or prevention service provided in the community for children and their families; (“service communautaire d’appoint”)

“court” means the Ontario Court of Justice or the Family Court of the Superior Court of Justice; (“tribunal”)

“developmental disability” means a condition of mental impairment present or occurring in a person’s formative years that is associated with limitations in adaptive behaviour; (“déficience intellectuelle”)

“Director” means a Director appointed under subsection 5 (1) of Part I (Flexible Services); (“directeur”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 5, subsection 2 (1) by adding the following definition:

“extended family” means persons to whom a child is related by blood, through a spousal relationship or through adoption and, in the case of a child who is an Indian or native person, includes any member of the child’s band or native community; (“fami